How Protective Orders Impact Divorce and Child Custody in Colorado

Protective orders—commonly known as restraining orders—are powerful legal tools designed to protect individuals from harm or harassment. In Colorado, these orders often arise in the context of domestic violence or serious interpersonal conflict. But when divorce or child custody disputes are also involved, a protective order can significantly affect the outcome of family court proceedings.

Whether you're the person seeking protection or the one responding to an order, it's essential to understand how a protective order may shape the legal process ahead. If you're facing this situation, working with an experienced Denver protective order lawyer can help ensure your rights are fully protected.

What Is a Protective Order?

In Colorado, a protective order is a court-issued directive that restricts one person from contacting or coming near another person. These orders are most commonly issued in domestic violence cases but can also arise from threats, stalking, harassment, or abuse.

Protective orders can be:

Temporary (emergency) – typically issued without the other party present and valid until the court holds a full hearing.

Permanent – issued after a hearing and can remain in effect indefinitely, depending on the circumstances.

These orders can prohibit all contact, require a person to vacate the family home, or prevent them from possessing firearms.

Protective Orders and Divorce: A Complicated Intersection

When a protective order is issued in the middle of—or just before—a divorce, it immediately complicates matters. Colorado is a no-fault divorce state, meaning the court does not need to assign blame to grant a divorce. However, when domestic violence or abuse is alleged and a protective order is in place, it will influence how the court views certain aspects of the case.

1. Living Arrangements and Property Division

If one spouse is ordered to leave the marital home as part of a protective order, it may temporarily shift the balance of power in the divorce. While Colorado courts aim for equitable (not necessarily equal) distribution of property, a judge may take into account a history of abuse or threats when deciding who gets what—especially regarding the home and personal belongings.

2. Communication Restrictions

Divorcing couples usually need to communicate, whether to divide property, discuss finances, or arrange custody. A protective order can make this extremely difficult, often requiring all communication to go through attorneys or approved third parties. This can extend the duration of the divorce and increase legal costs.

How Protective Orders Affect Child Custody in Colorado

Child custody is one of the most sensitive areas impacted by a protective order. Colorado family courts base custody decisions on the best interests of the child, and allegations of abuse are taken very seriously.

1. Parenting Time Restrictions

If a protective order alleges or proves domestic violence or child endangerment, the court may limit the accused parent’s contact with the child. This could include:

Supervised visitation

Limited parenting time

No overnight visits

Temporary suspension of visitation rights

In some cases, the court may find that parenting time with the restrained parent is not in the child’s best interest and deny contact altogether.

2. Decision-Making Authority

In Colorado, custody (called parental responsibility) includes both parenting time and the authority to make major decisions about the child’s life. A protective order can impact the court’s willingness to grant joint decision-making responsibility. If a parent has demonstrated violent or abusive behavior, the judge may award sole decision-making authority to the other parent.

3. False or Strategic Allegations

It’s an unfortunate reality that some individuals misuse protective orders during custody battles to gain leverage. Courts are aware of this possibility, and judges scrutinize the facts carefully. If you believe a protective order was filed against you unfairly, a skilled Denver protective order lawyer can help you challenge it and protect your parental rights.

Moving Forward with Legal Support

If you're involved in a divorce or custody case and a protective order is involved, you need legal counsel who understands both family law and the protective order process. These cases often move quickly and can have long-term consequences, including your right to see your children or stay in your home.

A qualified Denver protective order lawyer can:

Defend or support your request for a protective order

Ensure the order does not unfairly impact your divorce or custody case

Represent you in both family court and protection order hearings

Advocate for fair parenting time and decision-making authority

Final Thoughts

Protective orders can be life-saving in dangerous situations, but they also have a profound effect on divorce and child custody proceedings. Whether you are seeking protection or defending against a claim, the stakes are high—and the law is complex.

Don't face it alone. Speak with a trusted Denver protective order lawyer who can help you understand your rights, protect your family, and navigate the court system with confidence.